My Gay Online

A federal district judge in Boston declared that the federal ban on recognizing same-sex marriage – as articulated in the 1996 Defense of Marriage Act, or DOMA – is unconstitutional.

The judge based his decision on the notion that states, not the federal government, have jurisdiction over the definition of marriage. If his decision holds up through appeals – and that’s a big if – it would mean that the federal government would likely have to recognize those same-sex marriages already recognized by states, and thus provide benefits like Medicaid to same-sex partners.

The decision would not mean that both federal and state governments would have to recognize same-sex marriage nationwide. Instead, it would mandate that the federal government would have to recognize same-sex marriages already recognized by Massachusetts and other states that recognize gay marriage.

The case now could move from the district court to the U.S. court of appeals for the first circuit, which includes three other New England states; it could then go to the Supreme Court. An appeal to the decision would come from the Justice Department of the Obama administration, which wants to repeal DOMA but must defend it so long as it remains law.